The prayer in the Writ Petition is for issuance of a Writ of Mandamus, directing the respondent to issue work order to the petitioner for taking waste Hypo-solution and pass such further orders.
2. According to the petitioner, the respondent issued a tender for sale of waste Hypo-solution by tender notice dated 03.01.2017. As per the tender notice, auction was conducted on 25.01.2017. The petitioner and two others submitted tender. Subsequently, the petitioner was declared as successful bidder and his amount of Rs.55,125/- was declared as highest bid amount. The respondent has also received the entire bid amount on the same day and informed the petitioner that work order will be issued to him at the earliest.
3. The only grievance of the petitioner is that even after receiving the entire bid amount, the respondent has not issued the work order and, therefore, he made a representation on 01.02.2017. Since no favorable order was passed, the petitioner has come up with the present Writ Petition.
4. Mr.K.K.Ramakrishnan, learned counsel for the petitioner would submit that Section 10(3) of the Tamil Nadu Transparency In Tenders Act, 1998 mandates the tender accepting authority to conduct negotiation, if there is any objection from the other participants. However, in this case, the respondent, without conducting any negotiation, has cancelled the tender of the petitioner and tried to bring it for re-tender.
5. Per contra, the learned Special Government Pleader, by referring to the counter filed by the respondent, would submit that the petitioner has quoted Rs.25/- per litre for waste Hypo-solution. But the objectors were ready to pay Rs.50/- to Rs.60/- per litre for waste Hypo-solution. In such a situation, the Government will get double the rate.
6. Considering the submission of the learned counsel for the petitioner and the learned Special Government Pleader, this Court directs the respondent to consider the representation of the petitioner dated 11.02.2017 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, taking into consideration Section 10(3) of the Tamil Nadu Transparency In Tenders Act, 1998.
7. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
To The Dean, Government Medical College, Thanjavur..